The paper examines the emancipatory potential that resides in the contradictions of late (monopoly) capitalism and offers an alternative, oppositional form of legal discourse in an effort to realize such potential. Grounded in a Neo-Marxist perspective, an examination of commodity-exchange theory is carried out as a first step toward developing an alternative framework for examining the form of law and legal discourse. It is argued that to grasp the structure of legal discourse it is necessary to go beyond a knowledge of commodity exchange relations and to integrate an analysis of semiotics into such research. Knowledge of the sign form is viewed as the key connective mechanism between the commodity form and legal discourse form. The structure of late capitalism is examined and it is contended that a space for transforming legal discourse is located in the increasingly socialized character of production for non-generalized goals. Discussion focuses on how oppositional signs, which, at the present, are latent, can develop into an oppositional legal discourse. A delineation is made of the operational principles that constitute an oppositional legal discourse. Finally, an examination is made of the implications that an oppositional legal discourse portends for criminal justice, and suggestions are given as to what form and direction an oppositional movement might take if it is to be of greatest value in building a movement toward the goal of a more just society. / Source: Dissertation Abstracts International, Volume: 46-04, Section: A, page: 1051. / Thesis (Ph.D.)--The Florida State University, 1985.
| Identifer | oai:union.ndltd.org:fsu.edu/oai:fsu.digital.flvc.org:fsu_75524 |
| Contributors | SELVA, LANCE HAMILTON., Florida State University |
| Source Sets | Florida State University |
| Detected Language | English |
| Type | Text |
| Format | 450 p. |
| Rights | On campus use only. |
| Relation | Dissertation Abstracts International |
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